Buckyballs and Buckycubes high-powered magnet sets
CPSC Recall #13-168 — April 12, 2013
Recall Summary
| Recall Number | 13-168 |
| Recall Date | April 12, 2013 |
| Remedy Type | Refund, No Remedy Available |
| Units Affected | About three million |
| Importer | Maxfield & Oberton LLC, of New York, N.Y. |
Product
Buckyballs and Buckycubes high-powered magnet sets
Description
WASHINGTON, D.C.-- The U.S. Consumer Product Safety Commission (CPSC), in cooperation with six retailers, is announcing the voluntary recall of all Buckyballs and Buckycubes high-powered magnet sets sold by these companies. CPSC continues to warn that these products contain defects in the design, warnings and instructions, which pose a substantial risk of injury and death to children and teenagers. Imported by Maxfield & Oberton LLC, of New York, N.Y., Buckyballs and Buckycubes consist of sets of numerous, small, high-powered magnets. These sets vary in the number of magnets included and come in a variety of colors. Individual magnets in the set are about 5 millimeters in diameter. Individual magnets in Buckyballs are spherical and individual magnets in Buckycubes are cube-shaped. About three million sets of Buckyballs and Buckycubes have been sold in U.S. retail stores nationwide and online since 2010 for between $5 and $100. Consumers should take the high-powered magnet sets and all associated individual magnets away from children and teenagers and contact the retailer from which they purchased the product to obtain instructions for their remedy: Barnes & Noble, toll-free at (855) 592-2993 or online at www.barnesandnoble.com and click on "Product Recalls" Participating Hallmark retailers, toll-free at (800) 425-5627 or online at http://www.hallmark.com/recall-product/ Marbles the Brain Store, toll-free at (877) 527-2460 or online at www.marblesthebrainstore.com ThinkGeek, toll-free at (888) 433-5788 or online at www.thinkgeek.com/buckyballs/index.shtml These retailers have agreed to participate because Maxfield & Oberton has refused to participate in the recall of all Buckyballs and Buckycubes. In July 2012, CPSC staff filed an administrative complaint against Maxfield & Oberton Holdings LLC, of New York, N.Y., after discussions with the company and its representatives failed to result in a voluntary recall plan that CPSC staff considered to be adequate to address the very serious hazard posed by these products. This type of legal action against a company is rare, as CPSC has filed only four administrative complaints in the past 11 years.< CPSC has received 54 reports of children and teens ingesting this product, with 53 of these requiring medical interventions.
Hazard
These products contain defects in the design, warnings and instructions, which pose a substantial risk of injury and death to children and teenagers.
Incidents & Injuries
CPSC has received 54 reports of children and teens ingesting this product, with 53 of these requiring medical interventions.
Remedy Instructions
Consumers should take the high-powered magnet sets and all associated individual magnets away from children and teenagers and contact the retailer from which they purchased the product to obtain instructions for their remedy.
What Should You Do?
Stop using this product immediately. Contact the manufacturer for a Refund, No Remedy Available at no charge. If you experienced an injury, report it at SaferProducts.gov.
Frequently Asked Questions
Follow the consumer action instructions in the recall notice above. Most recalls require you to stop using the product and contact the manufacturer directly — either by calling the toll-free number listed in the official CPSC notice or by visiting the manufacturer's website. You generally do not need a receipt or original packaging to claim a remedy. The manufacturer is legally required to provide the remedy (Refund, No Remedy Available) at no cost to you.
Yes. If you were injured by a defective consumer product — whether recalled or not — you may have grounds for a product liability claim against the manufacturer and potentially the retailer. A recall notice can serve as evidence that the manufacturer was aware of the defect. Injuries that may support a claim include burns, lacerations, fractures, electric shock, choking incidents, and chemical exposure. Most product liability attorneys work on a contingency fee basis, meaning you pay nothing unless you win. Consult an attorney promptly, as statutes of limitation vary by state.
In most cases, no. CPSC-coordinated recall remedies are designed to be accessible without proof of purchase. Manufacturers typically ask consumers to self-certify ownership and may ask for photos of the product or its serial number. Some manufacturers request that you mail in a portion of the product (such as a cut cord or removed component) as proof of disposal. Check the specific remedy instructions for this recall for exact requirements. If you registered your product at the time of purchase, the process is usually even simpler.
If the original manufacturer has gone out of business, the recall remedy may no longer be available through them. In this case, contact CPSC directly at 1-800-638-2772 or cpsc.gov for guidance. If the brand was acquired by another company, the acquiring company may have assumed recall obligations. In some cases where a remedy is unavailable, CPSC advises consumers to safely dispose of the product. If you were injured by the product of a defunct company, consult a product liability attorney — parent companies, distributors, and retailers may still bear liability in some circumstances.